Petzold v. Avis Rent-A-Car System, Inc.
| Decision Date | 25 May 1961 |
| Docket Number | RENT-A-CAR |
| Citation | 9 N.Y.2d 989,218 N.Y.S.2d 65 |
| Parties | , 176 N.E.2d 514 Anna D. PETZOLD, an Infant, by her Guardian ad Litem, Margaret Petzold, Plaintiff, v. AVISSYSTEM, INC., Appellant, Januarius A. Mullen, Defendant, County of Rensselaer et al., Respondents (and two other actions). |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Third Department, 12 A.D.2d 118, 209 N.Y.S.2d 121.
A rented automobile collided with a county snow plow. The passengers sued the driver, the rental company, the county and the operators of the plow. The rental company filed a cross-complaint against the county and the plow operators for indemnity.
The Supreme Court, Special Term, Roscoe V. Elsworth, J., denied a motion to dismiss the cross-complaint, and an appeal was taken.
The Appellate Division, Bergan, P. J., held that the rental company had no such right of indemnity, and reversed the order of the Special Term and granted the motion. An appeal was taken to the Court of Appeals.
In each action: Judgment affirmed, with costs.
All concur.
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...8 A.D.2d 836, 190 N.Y.S.2d 262; cf. Petzold v. Avis Rent-a-Car System, Inc., 12 A.D.2d 118, 209 N.Y.S.2d 121, affd. 9 N.Y.2d 989, 218 N.Y.S.2d 65, 176 N.E.2d 514). ...
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Board of Ed. of Cent. School Dist. No. 1 of Towns of Kingsbury, Et Al., Washington County, Moreau, Saratoga County and Queensbury, Warren County v. Homer
...has no jural relationship (Petzold v. Avis Rent-A-Car System, 12 A.D.2d 118, 209 N.Y.S.2d 121, affd. 9 N.Y.2d 989, 218 N.Y.S.2d 65, 176 N.E.2d 514). In Petzold v. Avis (supra) the plaintiff was injured while riding in an Avis car operated by Mullen. It came into collision with a snow plow o......
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